DPP to appeal sentence in child sexual assault case

The Director of Public Prosecutions (DPP) has announced plans to appeal the sentence imposed in a sexual assault case involving an eight-year-old girl, citing concerns that the punishment does not adequately reflect the seriousness of the offence.

In a judgment delivered by Hon. Kinyatta at the Kajiado Law Courts, the accused was convicted of a sexual offence committed in 2022 and sentenced to 10 years’ imprisonment.

According to the prosecution, the trial court found that the offence involved the luring of the minor from her home under false pretences, after which she was isolated, threatened and subjected to sexual abuse.

The Office of the Director of Public Prosecutions (ODPP) said the offence was committed against a vulnerable child and involved elements of intimidation and exploitation, which it argued warranted a more severe sentence under the law.

While welcoming the conviction, the prosecution expressed dissatisfaction with the sentence, stating that it did not sufficiently meet the objectives of punishment, deterrence and the protection of children.

“The Office is satisfied with the conviction, which was secured through credible, consistent and compelling evidence. However, the sentence imposed does not adequately reflect the seriousness of the offence,” the DPP said in a statement.

The prosecution team, led by Kisumba Kathungu, called five witnesses during the trial. The ODPP said their testimony established the case to the required legal standard and led to the conviction.

Invoking its constitutional mandate under Article 157 of the Constitution, the ODPP said it intends to formally appeal the sentence.

Under the law, the DPP has authority to appeal certain court decisions, including sentences, subject to legal thresholds and procedural requirements.

Such appeals are typically filed in higher courts within prescribed timelines, often within 28 days of the original ruling. In cases where a sentence is considered unduly lenient, the DPP is required to seek permission from the appellate court before proceeding.

Appeals generally focus on alleged errors of law, misapplication of legal principles, or sentences considered manifestly inadequate, rather than a re-evaluation of factual findings.

The ODPP said the appellate process serves as a mechanism for ensuring consistency in sentencing, clarifying legal interpretation, and maintaining public confidence in the justice system.